BILL NUMBER: SB 654	CHAPTERED  09/23/99

	CHAPTER   475
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 23, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   JULY 13, 1999
	AMENDED IN ASSEMBLY   JUNE 24, 1999
	AMENDED IN SENATE   APRIL 26, 1999
	AMENDED IN SENATE   APRIL 15, 1999

INTRODUCED BY   Senator Schiff

                        FEBRUARY 24, 1999

   An act to amend Section 76104.5 of the Government Code, and to
amend Sections 290.7, 296, 297, 299.5, 299.6, 3060.5, and 11170 of
the Penal Code, relating to DNA and forensic identification.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 654, Schiff.  DNA and forensic identification.
   (1) Existing law, part of the DNA and Forensic Identification Data
Base and Data Bank Act of 1998, requires any person who is convicted
of, or pleads guilty or no contest to, any specified crime, or is
found not guilty by reason of insanity of any of the specified
crimes, to provide 2 specimens of blood, a saliva sample, right
thumbprints, and a full palm print impression of each hand for law
enforcement identification analysis.  The act also requires any
person who is required to register as a sex offender because of the
commission, or attempt to commit, any specified felony offense, or
who is convicted of murder or felony assault and battery, and who is
committed to a term of imprisonment in the state prison, a county
jail, or any institution under the jurisdiction of the Department of
the Youth Authority, granted probation, or released from a state
hospital for which he or she was committed as a mentally disordered
sex offender, to provide samples.
   This bill would revise the latter provision by deleting references
to any person who is convicted of murder or felony assault and
battery, by requiring samples from any person who is or was committed
to a state hospital as a mentally disordered sex offender, and by
clarifying the type of required samples.  With respect to the former
provision, the bill would delete exceptions provided for lewd and
lascivious conduct and various forms of disorderly conduct, and
revise the reference to murder.  This bill would also require the
prosecuting attorney, at sentencing or disposition, to verify in
writing that the samples described above are required by law, and
that they have been taken, or are scheduled to be taken before the
release of the defendant.  The bill also would require the abstract
of judgment issued by the court to indicate that the court has
ordered the person to comply with the requirements of this provision
and that the person shall be included in the state's DNA and Forensic
Identification Data Base and Data Bank program and be subject to the
DNA and Forensic Identification Data Base and Data Bank Act of 1998.
  By increasing the duties of local law enforcement entities, the
bill would impose a state-mandated local program.
   (2) Existing law authorizes a biological sample obtained from a
suspect in a criminal investigation for the commission of any crime
to be analyzed for forensic identification profiles, including DNA
profiles, by the DNA Laboratory of the Department of Justice, which
is accredited by the ASCLD/LAB, or any crime laboratory designated by
the Department of Justice that is accredited by the ASCLD/LAB.
Existing law also provides that nothing in the section precludes
laboratories meeting Technical Working Group on DNA Analysis Methods
(TWGDAM) guidelines.
   This bill would provide that the accreditation specified in this
provision may also be furnished by any certifying body approved by
the ASCLD/LAB and likewise that the requirement that all laboratories
contributing DNA profiles for inclusion in California's DNA Data
Bank be accredited by the ASCLD/LAB include as an alternative any
certifying body approved by the ASCLD/LAB.  This bill would provide,
in addition, that nothing in the provisions summarized in this
paragraph precludes laboratories from meeting Scientific Working
Group on DNA Analysis guidelines.
   (3) Existing law provides that DNA and other forensic
identification information shall be released only to law enforcement
agencies at the request of the agency, except as specified.  Under
existing law, this information shall be available to defense counsel
upon court order.  Existing law also prohibits any of these
provisions from precluding a court from ordering appropriate
discovery.
   This bill would specify that the latter provision applies to
criminal defense counsel and that the court order be made pursuant to
a specified provision of law.  The bill would specify that the court
is to order discovery pursuant to a certain provision of law.
   (4) Existing law authorizes the population data base and data bank
of the DNA Laboratory of the Department of Justice to be made
available to and searched by the FBI and any other agency
participating in the FBI's CODIS System.
   This bill would authorize any other agency participating in any
other national law enforcement data bank system to access the
population data base and data bank of the DNA Laboratory of the
Department of Justice.
   (5) Existing law requires any local public DNA laboratory that
collects DNA typing information to comply with and be subject to all
of the rules, regulations, and restrictions of the DNA and Forensic
Identification Data Base and Data Bank Act of 1998, and to follow the
policies of the DNA Laboratory of the Department of Justice.
   This bill instead would require any local public DNA laboratory
that produces DNA profiles of known reference samples for inclusion
within the permanent files of the state's DNA Data Bank program to
comply with and be subject to all of the rules, regulations, and
restrictions of the DNA and Forensic Identification Data Base and
Data Bank Act of 1998 and to follow the policies of the DNA
Laboratory of the Department of Justice.
   (6) This bill would make additional conforming changes.
  (7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 76104.5 of the Government Code is amended to
read:
   76104.5.  (a) For the purpose of assisting any county in the
establishment of automated photographic or DNA (genetic fingerprint)
identification systems, or any new technology in the county, the
board of supervisors may establish in the county treasury a DNA
Identification Fund into which shall be deposited the amounts
specified in the resolutions adopted by the board of supervisors as
authorized in accordance with this title, up to fifty cents ($0.50)
for every seven dollars ($7) collected pursuant to Section 76000.
The moneys of the fund shall be payable only for the purchase, lease,
operation, including personnel and related costs, and maintenance of
automated photographic or DNA (genetic fingerprint) identification
systems, or any new technology.
   (b) The fund moneys described in subdivision (a), together with
any interest earned thereon, shall be held by the county treasurer
separate from any funds subject to transfer or division pursuant to
Section 1463 of the Penal Code.  Deposits to the fund may continue
through and including the 20th year after the initial calendar year
in which the surcharge is collected, or longer if and as necessary to
make payments upon any lease or leaseback arrangement utilized to
finance any of the projects specified herein.
   (c) For purposes of this section, "DNA (genetic fingerprint)
identification system" means equipment, procedures, and methodologies
compatible with and meeting the standards set for DNA testing by the
Department of Justice pursuant to the DNA and Forensic
Identification Data Base and Data Bank Act of 1998 (Chapter 6
(commencing with Section 295) of Title 9 of Part 1 of the Penal
Code).
  SEC. 2.  Section 290.7 of the Penal Code is amended to read:
   290.7.  The Department of Corrections shall provide samples of
blood and saliva taken from a prison inmate pursuant to the DNA and
Forensic Identification Data Base and Data Bank Act of 1998 (Chapter
6 (commencing with Section 295) of Title 9 of Part 1 of the Penal
Code) to the county in which the inmate is to be released if the
county maintains a local DNA testing laboratory.
  SEC. 3.  Section 296 of the Penal Code is amended to read:
   296.  (a) (1) Any person who is convicted of, or pleads guilty or
no contest to, any of the following crimes, or is found not guilty by
reason of insanity of any of the following crimes, shall, regardless
of sentence imposed or disposition rendered, be required to provide
two specimens of blood, a saliva sample, right thumbprints, and a
full palm print impression of each hand for law enforcement
identification analysis:
   (A) Any offense or attempt to commit any felony offense described
in Section 290, or any felony offense that imposes upon a person the
duty to register in California as a sex offender under Section 290.
   (B) Murder in violation of Section 187, 190, 190.05, or  any
degree of murder as set forth in Chapter 1 (commencing with Section
187) of Title 8 of Part 1 of the Penal Code, or any attempt to commit
murder.
   (C) Voluntary manslaughter in violation of Section 192 or an
attempt to commit voluntary manslaughter.
   (D) Felony spousal abuse in violation of Section 273.5.
   (E) Aggravated sexual assault of a child in violation of Section
269.
   (F) A felony offense of assault or battery in violation of Section
217.1, 220, 241.1, 243, 243.1, 243.3, 243.4, 243.7, 244, 245, 245.2,
245.3, or 245.5.
   (G) Kidnapping in violation of subdivisions (a) to (e), inclusive,
of Section 207, or Section 208, 209, 209.5, or 210, or an attempt to
commit any of these offenses.
   (H) Mayhem in violation of Section 203 or aggravated mayhem in
violation of Section 205, or an attempt to commit either of these
offenses.
   (I) Torture in violation of Section 206 or an attempt to commit
torture.
   (2) Any person who is required to register under Section 290
because of the commission of, or the attempt to commit, a felony
offense specified in Section 290, and who is committed to any
institution under the jurisdiction of the Department of the Youth
Authority where he or she was confined, or is granted probation, or
is or was committed to a state hospital as a mentally disordered sex
offender under Article 1 (commencing with Section 6300) of Chapter 2
of Part 2 of Division 6 of the Welfare and Institutions Code, shall
be required to provide two specimens of blood, a saliva sample, right
thumbprints, and a full palm print impression of each hand to that
institution or, in the case of a person granted probation, to a
person and at a location within the county designated for testing.
   (b) The provisions of this chapter and its requirements for
submission to testing as soon as administratively practicable to
provide specimens, samples, and print impressions as described in
subdivision (a) shall apply regardless of placement or confinement in
any mental hospital or other public or private treatment facility,
and shall include, but not be limited to, the following persons,
including juveniles:
   (1) Any person committed to a state hospital or other treatment
facility as a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code.
   (2) Any person who has a severe mental disorder as set forth
within the provisions of Article 4 (commencing with Section 2960) of
Chapter 7 of Title 1 of Part 3 of the Penal Code.
   (3) Any person found to be a sexually violent predator pursuant to
Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code.
   (c) The provisions of this chapter are mandatory and apply whether
or not the court advises a person, including any juvenile, that he
or she must provide the data bank and data base specimens, samples,
and print impressions as a condition of probation, parole, or any
plea of guilty, no contest, or not guilty by reason of insanity, to
any of the offenses described in subdivision (a).
   (d) At sentencing or disposition, the prosecuting attorney shall
verify in writing that the requisite samples are required by law, and
that they have been taken, or are scheduled to be taken before the
offender is released on probation, or other scheduled release.
However, a failure by the prosecuting attorney or any other law
enforcement agency to verify sample requirement or collection shall
not relieve a person of the requirement to provide samples.
   (e) The abstract of judgment issued by the court shall indicate
that the court has ordered the person to comply with the requirements
of this chapter and that the person shall be included in the state's
DNA and Forensic Identification Data Base and Data Bank program and
be subject to this chapter.  However, failure by the court to enter
these facts in the abstract of judgment shall not invalidate a plea,
conviction, or disposition, or otherwise relieve a person from the
requirements of this chapter.
  SEC. 4.  Section 297 of the Penal Code is amended to read:
   297.  (a) The laboratories of the Department of Justice that are
accredited by the American Society of Crime Laboratory Directors
Laboratory Accreditation Board (ASCLD/LAB) or any certifying body
approved by the ASCLD/LAB, and any crime laboratory designated by the
Department of Justice that is accredited by the ASCLD/LAB or any
certifying body approved by the ASCLD/LAB, are authorized to analyze
crime scene samples and other samples of known and unknown origin and
to compare and check the forensic identification profiles, including
DNA profiles, of these samples against available DNA and forensic
identification data banks and data bases in order to establish
identity and origin of samples for identification purposes.
   (b) A biological sample obtained from a suspect in a criminal
investigation for the commission of any crime may be analyzed for
forensic identification profiles, including DNA profiles, by the DNA
Laboratory of the Department of Justice, which is accredited by the
ASCLD/LAB or any certifying body approved by the ASCLD/LAB, or any
crime laboratory designated by the Department of Justice that is
accredited by the ASCLD/LAB or any certifying body approved by the
ASCLD/LAB.  Samples obtained from a suspect shall only be compared to
samples taken from the criminal investigation for which he or she is
a suspect and for which the sample was originally taken either by
court order or voluntarily.
   (c) All laboratories, including the Department of Justice DNA
laboratories, contributing DNA profiles for inclusion in California's
DNA Data Bank shall be accredited by the ASCLD/LAB or any certifying
body approved by the ASCLD/LAB.  Additionally, each laboratory shall
submit to the Department of Justice for review the annual report
required by the ASCLD/LAB or any certifying body approved by the
ASCLD/LAB which documents the laboratory's adherence to ASCLD/LAB
standards or the standards of any certifying body approved by the
ASCLD/LAB.  The requirements of this subdivision apply to California
laboratories only and do not preclude DNA profiles developed in
California from being searched in the National DNA Data Base (CODIS).

   (d) Nothing in this section precludes laboratories meeting
Technical Working Group on DNA Analysis Methods (TWGDAM) or
Scientific Working Group on DNA Analysis Methods (SWGDAM) guidelines
or standards promulgated by the DNA Advisory Board as established
pursuant to Section 14131 of Title 42 of the United States Code, from
performing forensic identification analyses, including DNA
profiling, independent of the Department of Justice DNA and Forensic
Identification Data Base and Data Bank program.
   (e) The limitation on the types of offenses set forth in
subdivision (a) of Section 296 as subject to the collection and
testing procedures of this chapter is for the purpose of facilitating
the administration of this chapter.  The detention, arrest,
wardship, or conviction of a person based upon a data bank match or
data base information is not invalidated if it is later determined
that the specimens, samples, or print impressions were obtained or
placed in a data bank or data base by mistake.
  SEC. 5.  Section 299.5 of the Penal Code is amended to read:
   299.5.  (a) All DNA and forensic identification profiles retained
by the Department of Justice pursuant to this chapter are exempt from
any law requiring disclosure of information to the public and shall
be confidential except as otherwise provided in this chapter.
   (b) Non-DNA forensic identification information may be filed with
the offender's file maintained by the Sex Registration Unit of the
Department of Justice or in other computerized data bank systems
maintained by the Department of Justice.
   (c) The DNA and other forensic identification information retained
by the Department of Justice pursuant to this chapter shall not be
included in the state summary criminal history information.  However,
nothing in this chapter precludes law enforcement personnel from
entering into a person's criminal history information or offender
file maintained by the Department of Justice the fact that the
specimens, samples, and print impressions required by this chapter
have or have not been collected from that person.
   (d) The fact that the blood specimens, saliva samples, and print
impressions required by this chapter have been received by the DNA
Laboratory of the Department of Justice shall be included in the
state summary criminal history information.
   The full palm prints of each hand shall be filed and maintained by
the Automated Latent Print Section of the Bureau of Criminal
Identification and Information of the Department of Justice, and may
be included in the state summary criminal history information.
   (e) DNA and other forensic identification information shall be
released only to law enforcement agencies, including, but not limited
to, parole officers of the Department of Corrections, hearing
officers of the parole authority, and district attorneys' offices, at
the request of the agency, except as specified in this section.
Dissemination of this information to law enforcement agencies and
district attorneys' offices outside this state shall be performed in
conformity with the provisions of this section.  This information
shall be available to defense counsel upon court order made pursuant
to Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
   (f) Any person who knowingly discloses DNA or other forensic
identification information developed pursuant to this section to an
unauthorized individual or agency, or for other than identification
purposes or purposes of parole or probation supervision, is guilty of
a misdemeanor.
   (g) Furnishing DNA or other forensic identification information of
the defendant to his or her defense counsel for criminal defense
purposes in compliance with discovery is not a violation of this
section.
   (h) It is not a violation of this section to disseminate
statistical or research information obtained from the offender's
file, the computerized data bank system, any of the DNA laboratory's
data bases, or the full palm print file, provided that the subject of
the file is not identified and cannot be identified from the
information disclosed.  It is not a violation of this section to
include information obtained from a file in a transcript or record of
a judicial proceeding, or in any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.  All requests for statistical or
research information obtained from the DNA data bank shall be
cataloged by the Department of Justice.  Commencing January 1, 2000,
the department shall submit an annual letter to the Legislature
including, with respect to each request, the requester's name or
agency, the purpose of the request, whether the request is related to
a criminal investigation or court proceeding, whether the request
was granted or denied, any reasons for denial, costs incurred or
estimates of the cost of the request, and the date of the request.
   (i) The Department of Justice shall make public the methodology
and procedures to be used in its DNA program prior to the
commencement of DNA testing in its laboratories.  The Department of
Justice shall review and consider on an ongoing basis the findings
and results of any peer review and validation studies submitted to
the department by members of the relevant scientific community
experienced in the use of DNA technology.  This material shall be
available to criminal defense counsel upon court order made pursuant
to Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
   (j) In order to maintain the computer system security of the
Department of Justice DNA and forensic identification data base and
data bank program, the computer software and data base structures
used by the DNA Laboratory of the Department of Justice to implement
this chapter are confidential.
   (k) Nothing in this section shall preclude a court from ordering
discovery pursuant to Chapter 10 (commencing with Section 1054) of
Title 6 of Part 2.
  SEC. 6.  Section 299.6 of the Penal Code is amended to read:
   299.6.  (a) Nothing in this chapter shall prohibit the sharing or
disseminating of population data base or data bank information with
any of the following:
   (1) Federal, state, or local law enforcement agencies.
   (2) Crime laboratories, whether public or private, that serve
federal, state, and local law enforcement agencies that have been
approved by the Department of Justice.
   (3) The attorney general's office of any state.
   (4) Any third party that the Department of Justice deems necessary
to assist the department's crime laboratory with statistical
analyses of the population data base or to assist in the recovery or
identification of human remains for humanitarian purposes, including
identification of missing persons.
   (b) Nothing in this chapter shall prohibit the sharing or
disseminating of protocol and forensic DNA analysis methods and
quality control procedures with any of the following:
   (1) Federal, state, or local law enforcement agencies.
   (2) Crime laboratories, whether public or private, that serve
federal, state, and local law enforcement agencies that have been
approved by the Department of Justice.
   (3) The attorney general's office of any state.
   (4) Any third party that the Department of Justice deems necessary
to assist the department's crime laboratory with analyses of
forensic protocol, research methods, or quality control procedures.
   (c) The population data base and data bank of the DNA Laboratory
of the Department of Justice may be made available to and searched by
the FBI and any other agency participating in the FBI's CODIS System
or any other national law enforcement data bank system.
   (d) The Department of Justice may provide portions of the blood
specimens and saliva samples collected pursuant to this chapter to
local public DNA laboratories for identification purposes provided
that the privacy provisions of this section are followed by the local
laboratory and if each of the following conditions is met:
   (1) The procedures used by the local public DNA laboratory for the
handling of specimens and samples and the disclosure of results are
the same as those established by the Department of Justice pursuant
to Sections 297, 298, and 299.5.
   (2) The methodologies and procedures used by the local public DNA
laboratory for DNA or forensic identification analysis are compatible
with those established by the Department of Justice pursuant to
subdivision (i) of Section 299.5, or otherwise are determined by the
Department of Justice to be valid and appropriate for identification
purposes.
   (3) Only tests of value to law enforcement for identification
purposes are performed and a copy of the results of the analysis are
sent to the Department of Justice.
   (4) All provisions of this section concerning privacy and security
are followed.
   (5) The local public DNA laboratory assumes all costs of securing
the specimens and samples and provides appropriate tubes, labels, and
instructions necessary to secure the samples.
   (e) Any local public DNA laboratory that produces DNA profiles of
known reference samples for inclusion within the permanent files of
the state's DNA Data Bank program shall comply with and be subject to
all of the rules, regulations, and restrictions of this chapter and
shall follow the policies of the DNA Laboratory of the Department of
Justice.
  SEC. 7.  Section 3060.5 of the Penal Code is amended to read:
   3060.5.  Notwithstanding any other provision of law, the parole
authority shall revoke the parole of any prisoner who refuses to sign
a parole agreement setting forth the general and any special
conditions applicable to the parole, refuses to sign any form
required by the Department of Justice stating that the duty of the
prisoner to register under Section 290 has been explained to the
prisoner, unless the duty to register has not been explained to the
prisoner, or refuses to provide samples of blood or saliva as
required by the DNA and Forensic Identification Data Base and Data
Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9
of Part 1), and shall order the prisoner returned to prison.
Confinement pursuant to any single revocation of parole under this
section shall not, absent a new conviction and commitment to prison
under other provisions of law, exceed six months, except as provided
in subdivision (c) of Section 3057.
  SEC. 8.  Section 11170 of the Penal Code is amended to read:
   11170.  (a) (1) The Department of Justice shall maintain an index
of all reports of child abuse submitted pursuant to Section 11169.
The index shall be continually updated by the department and shall
not contain any reports that are determined to be unfounded.  The
department may adopt rules governing recordkeeping and reporting
pursuant to this article.
   (2) The department shall act only as a repository of reports of
suspected child abuse to be maintained in the Child Abuse Central
Index pursuant to paragraph (1).  The submitting agencies are
responsible for the accuracy, completeness, and retention of the
reports described in this section.  The department shall be
responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
   (3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period.  If a subsequent report is received within that
10-year period, information from any prior report, as well as any
subsequently filed report, shall be maintained on the Child Abuse
Central Index for a period of 10 years from the time the most recent
report is received by the department.
   (b) (1) The Department of Justice shall immediately notify a child
protective agency that submits a report pursuant to Section 11169,
or a district attorney who requests notification, of any information
maintained pursuant to subdivision (a) that is relevant to the known
or suspected instance of child abuse reported by the agency.  A child
protective agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse.
   (2) When a report is made pursuant to subdivision (a) or (c) of
Section 11166, the investigating agency, upon completion of the
investigation or after there has been a final disposition in the
matter, shall inform the person required to report of the results of
the investigation and of any action the agency is taking with regard
to the child or family.
   (3) The department shall make available to the State Department of
Social Services or to any county licensing agency that has
contracted with the state for the performance of licensing duties
information regarding a known or suspected child abuser maintained
pursuant to this section and subdivision (a) of Section 11169
concerning any person who is an applicant for licensure or any adult
who resides or is employed in the home of an applicant for licensure
or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
   (4) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse
investigation reports maintained involving the same victims,
siblings, or suspects.  Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
   (5) The department shall make available to child protective
agencies, or court investigators acting pursuant to Section 1513 of
the Probate Code, responsible for placing children or assessing the
possible placement of children pursuant to Article 6 (commencing with
Section 300), Article 7 (commencing with Section 305), Article 10
(commencing with Section 360), or Article 14 (commencing with Section
601) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, Article 2 (commencing with Section 1510) or
Article 3 (commencing with Section 1540) of Chapter 1 of Part 2 of
Division 4 of the Probate Code, information regarding a known or
suspected child abuser contained in the index concerning any adult
residing in the home where the child may be placed, when this
information is requested for purposes of ensuring that the placement
is in the best interests of the child.  Upon receipt of relevant
information concerning child abuse investigation reports contained in
the index from the Department of Justice pursuant to this
subdivision, the child protective agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index.  The notification shall include
the name of the reporting agency and the date of the report.
   (6) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse, or the State
Department of Social Services or any county licensing agency pursuant
to paragraph (3), or a child protective agency or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (5), to whom disclosure of any
information maintained pursuant to subdivision (a) is authorized, are
responsible for obtaining the original investigative report from the
reporting agency, and for drawing independent conclusions regarding
the quality of the evidence disclosed, and its sufficiency for making
decisions regarding investigation, prosecution, licensing, or
placement of a child.
   (B) If Child Abuse Central Index information is requested by a
child protective agency for the temporary placement of a child in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
   (7) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing pursuant to paragraph (3), the Department of
Justice may charge the person or entity making the request a fee.
The fee shall not exceed the reasonable costs to the department of
providing the information.  The only increase shall be at a rate not
to exceed the legislatively approved cost-of-living adjustment for
the department.  In no case shall
         the fee exceed fifteen dollars ($15).
   (B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund.  Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse system checks pursuant to this section.
   (C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund.  The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the DNA offender identification file (CAL-DNA)
authorized by Chapter 9.5 (commencing with Section 13885) of Title 6
of Part 4 and the DNA and Forensic Identification Data Base and Data
Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9
of Part 1).
   (c) The Department of Justice shall make available to any child
protective agency responsible for placing children pursuant to
Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, upon request,
relevant information concerning child abuse reports contained in the
index, when making a placement with a responsible relative pursuant
to Sections 281.5, 305, and 361.3 of the Welfare and Institutions
Code.  Upon receipt of relevant information concerning child abuse
reports contained in the index from the Department of Justice
pursuant to this subdivision, the child protective agency shall also
notify in writing the person listed in the Child Abuse Central Index
that he or she is in the index.  The notification shall include the
location of the original investigative report and the submitting
agency.  The notification shall be submitted to the person listed at
the same time that all other parties are notified of the information,
and no later than the actual judicial proceeding that determines
placement.
   If Child Abuse Central Index information is requested by a child
protective agency for the placement of a child with a responsible
relative in an emergency situation pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, the department is exempt from the
requirements of Section 1798.18 of the Civil Code if compliance would
cause a delay in providing an expedited response to the child
protective agency's inquiry and if further delay in placement may be
detrimental to the child.
   (d) The department shall make available any information maintained
pursuant to Section 11169 to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse only when
an agency makes the request for information in writing and on
official letterhead, identifying the suspected abuser or victim by
name.  The request shall be signed by the department supervisor of
the requesting law enforcement agency.  The written requests shall
cite the out-of-state statute or interstate compact provision that
requires that the information contained within these reports shall be
disclosed only to law enforcement, prosecutorial entities, or
multidisciplinary investigative teams, and shall cite the criminal
penalties for unlawful disclosure of any confidential information
provided by the requesting state or the applicable interstate compact
provision.  In the absence of a specified out-of-state statute or
interstate compact provision that requires that the information
contained within these reports shall be disclosed only to law
enforcement, prosecutorial entities, or multidisciplinary
investigative teams, and criminal penalties equivalent to the
penalties in California for unlawful disclosure, access shall be
denied.
   (e) Any person may determine if he or she is listed in the Child
Abuse Central Index by making a request in writing to the Department
of Justice.  The request shall be notarized and include the person's
name, address, date of birth, and either a social security number or
a California identification number.  Upon receipt of a notarized
request, the Department of Justice shall make available to the
requesting person information identifying the date of the report and
the submitting agency.  The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (13) of subdivision (a) of Section 11167.5.
   (f) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse, and that person is 18 years of age or
older, that person may have his or her name removed from the index by
making a written request to the Department of Justice.  The request
shall be notarized and include the person's name, address, social
security number, and date of birth.
  SEC. 9.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
